Accelerated Possession Claims Online

Landlord Action Supports Move To Issue Accelerated Possession Claims Online.

From today, the Government has launched a new service which enables landlords to start the process of evicting tenants using the Section 21 accelerated possession procedure by filling out an online form. This was an idea which was first put forward by leading tenant eviction firm Landlord Action, as part of its role on a Government Think Tank to help speed up evictions. It is the first step towards making the service completely digital in the future.

Landlord Action first presented to the DCLG (Department for Communities & Local Government), the idea of making Section 21 accelerated possessions easier for landlords to issue.  Their experience found that too many landlords, who did not have legal representation, were making mistakes in their applications to court, which then lead to subsequent delays.

It was suggested that accelerated Section 21 applications should be issued online, just like the Section 8 PCOL service (Possession Claim Online).  As a result, HMCTS (HM Courts & Tribunals Service) and MoJ (Minitry of Justice) Digital Services have worked together to improve the way an accelerated possession claim can be made, and for the first time, it is possible to complete the N5b form online, then print it out and post along with the tenancy agreement and fee. A system which Landlord Actions says should be much easier for landlords to understand.

Paul Shamplina, Founder of Landlord Action, says “We are always campaigning to make life easier for landlords, especially through the distressing time of trying to regain possession of a property.  We are pleased that the Government has listened to our initial ideas regarding making accelerated possession forms available online, as I really feel it will make a difference.”

The new service is designed so that everyone can use it, with complex legal points explained in plain English and questions that are designed to gather information relevant to each landlord’s situation as well as check their eligibility for making such a claim.

“Our solicitors are dealing with hundreds of claims for landlords seeking possession through Section 8 and Section 21 accelerated claims, where landlords don’t want the hassle of form filling or the risk of getting it wrong. This new online N5b form will go a long way in helping to prevent the most common mistakes landlords make, which often cause costly delays.  We also hope that landlords will be empowered by the knowledge that improvements are underway to make possessions quicker and easier in the future” concluded Mr Shamplina.

Precise Treatment Reduces Pain

Detail needs experts. Expert time is worth it when it saves you a costly mistake. Main objective: Get the property back. Best action: Very precise treatment.

Serving a notice is actually the most important part of the possession process.

It isn’t complicated but one tiny error can cause dreadful problems.

That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.

1. Compliance Errors
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again.

2. Attempting Short-Cuts.
In an effort to be quick, some internet services aimed at landlords are using short-cuts around the process. But if the tenant doesn’t leave (50%) these practices can backfire at court and the case thrown out.

3. Trying to Save Pennies.
Internet services have mushroomed and landlords can expect to get what they pay for. To get the process done PROPERLY it takes a certain amount of time for an expert to look over a file and be accurate. Our fees cover that expert time.

Chasing courts for dates, arranging advocates and preparing court papers is time consuming. Especially if you’ve never done it before.

Some landlord and agents have served notices themselves. They believed they were saving a few pounds but it often ended up costing them more.

If you lose a claim, the court can order you to pay the tenant’s defence cost, which can run to hundreds or thousands of pounds.

Our in-house Solicitors are there to get your property back as fast as they can. And we protect landlords and agents from themselves.

As experts, we know that in the rush to get things done, errors can happen. And those errors can can come back later to mess up your case – and the whole process has to start again.

You can speed things up – give us accurate information quickly. Help us to help you.

There are services on the web who will prepare papers BUT they get you to pay the court-fee separately and get you to sign the court papers – so in fact they don’t represent you!

If your notice (at Step1) wasn’t drafted or served correctly you risk wasting your court fees and losing a whole lot of time because of a small error.

We won’t let your case anywhere near a court until we have checked every little detail. To make sure you don’t waste time or money, at Step-2 we first only charge part of the fee.

If your notice is fine, then you just pay the balance of the fee and we issue the claim. If there is a problem with your notice or paperwork, we will advise you what to do next.

Courts take the view that possession proceedings can make someone homeless. So they are very careful. If there’s any error in the notice, they throw the case out. It’s the process. Get it right or lose.

If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more.

If there weren’t rent arrears, they might now start. More fees. More lost rent. And still no possession. Tenants can be alerted to making a counter-claim.

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